Orissa High Court
Shankar Prasad Agrawalla vs Bank Of Baroda on 6 April, 2026
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9722 of 2026
Shankar Prasad Agrawalla .... Petitioner
Represented by Adv.-
Mr. A. Kejriwal, Adv.
Mr. A. Mishra, Adv.
-versus-
Bank of Baroda, Chief .... Respondents
Manager and Authorised Represented by Adv.-
Officer, Regional Office, Mr. Gurudutta Kar, Adv. for Bank
Sambalpur & Anr.
CORAM:
JUSTICE KRISHNA SHRIPAD DIXIT
JUSTICE CHITTARANJAN DASH
ORDER
06.04.2026
WP(C) No.9722 of 2026
&
I.A. No.5870 of 2026
Order No.
01. The borrower is before the Writ Court for laying a challenge
to the auction scheduled to be held today. Firstly, the amount is not
that big, it is only ₹11,92,000/- (Eleven Lakh Ninety-Two
Thousand) only. Secondly, the borrower is showing bona fide by
offering to pay ₹1,50,000/-( Rupees One Lakh Fifty Thousand) only
this day itself and another like sum within ten (10) days reckoned
from today. He is also expressing willingness to settle the
outstanding, if reasonable instalments are given. This offer appears
to be reasonable and the Bank being an instrumentality of State
under Article 12 in the light of Gujarat State Financial
Corporation v. Lotus Hotels Pvt. Ltd., AIR 1983 SC 848, cannot
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direct like a private money lender. The financial difficulties come
and go in the lives of all.
In the above circumstances, issue emergent notice. Learned
Panel Counsel is requested to accept notice for the Opposite Parties.
Required number of copies of the Writ Petition along with all
documents be served on him within three working days.
Application in I.A. No.5870 of 2026 supported by affidavit having
been favoured, reprieve is granted to the Petitioner as under:
Stay of the scheduled auction today subject to Petitioner
paying ₹1,50,000/-(Rupees One Lakh Fifty Thousand) only before
2:00 P.M. this day and also paying a like sum within ten (10) days
reckoned from this day, failing which not only the reprieve stands
rescinded but petition runs the risk of dismissal on that ground itself.
3. Post after ten (10) days, in the meanwhile, Bank may file its
Counter.
Web copy of order to be acted upon by all concerned.
(Krishna Shripad Dixit)
Judge
(Chittaranjan Dash)
Signature Not Verified Judge
Digitally Signed
Signed by: PRASANT KUMAR SAHOO
Reason: Authentication
Location: Orissa High Court
Date: 06-Apr-2026 13:27:37
Prasant
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